Decision details

That the Director of Planning and Environment uses his delegated powers to declare that the modified Quainton Neighbourhood Plan be made part of the Buckinghamshire Development Plan in accordance with Regulation 18A of The Neighbourhood Planning (General) Regulations 2012 as amended and under section 14(7) of Schedule A2 to the 2004 Act.

The modified Quainton Neighbourhood Plan has been through all the regulatory stages required for a plan undergoing minor modifications. The Independent examiner recommended that the modified plan meets the basic conditions and, due to the fact the proposed modifications are considered to not change the nature of the plan, that a referendum is not required. In this event the next stage of the process is to make the plan.

Under the Councils Scheme of delegations, the decision to Make a Neighbourhood Plan is delegated to the Director of Planning and the Environment. The subsequent decision to make the neighbourhood plan can be subject to a legal challenge being lodged within 6 weeks of the decision to make the plan.

The Council has considered the European and human rights implications of the Neighbourhood Plan as part of its consideration of the draft Plan and the Examiner’s report and it is not considered to contravene those rights.

Because it is a requirement of the Neighbourhood Planning (England) Regulations 2012 as amended that the local planning authority (Buckinghamshire Council) has to use its powers to Make the neighbourhood Plan there are no other alternative options. If the neighbourhood Plan had been considered to breach any European and human rights, then the Council could have declined to make the plan.